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37-2A-2
Section 37-2A-2 Definitions. When used in this chapter, the following words have the
following meanings: (1) BASIC TELEPHONE SERVICE. Refers to a service that, as provided by
an incumbent local exchange carrier, may be through any technology and through any affiliate
or service arrangement and includes the functionalities described in 47 C.F.R. 54.101(a).
(2) BROADBAND SERVICE or BROADBAND ENABLED SERVICE. Any service that consists of or includes
a high-speed access capability to transmit at a rate that is not less than 200 kilobits per
second either in the upstream or downstream direction, and either of the following: a. Provides
computer processing, information storage, information content or protocol conversion, including
any service applications or information service provided over such high-speed access service.
b. Is used to provide access to the Internet. (3) BUNDLED OFFERING. A combination of retail
services offered as a package, whether at a single price or with the...
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37-2A-4
Section 37-2A-4 Jurisdiction of the Public Service Commission. (a) Notwithstanding any
provision of law to the contrary, the commission shall not have any jurisdiction, right, power,
authority, or duty to regulate, supervise, control, oversee, or monitor, directly or indirectly,
the rates, charges, classifications, provision, or any aspect of broadband service, broadband
enabled services, VoIP services, or information services. (b)(1) The commission may require
incumbent local exchange carriers to unbundle their networks, but the commission shall not
require the carriers to unbundle in a manner that exceeds in degree or differs in kind from
the unbundling requirements of the Federal Communications Commission. (2) Nothing in this
section shall be construed to: a. Affect any entity's obligations under 47 U.S.C. Sections
251 and 252 or a right granted to an entity by these sections. b. Affect any applicable wholesale
tariff. c. Grant, modify, or affect the authority of the commission to...
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37-2A-8
Section 37-2A-8 Provision of basic telephone service and optional telephone features.
(a)(1) Notwithstanding any provision of law to the contrary, an entity that is not an incumbent
local exchange carrier shall not be obligated to tariff or otherwise provide basic telephone
service. An incumbent local exchange carrier shall provide, upon reasonable request, basic
telephone service to the premises of a permanent residence within its franchised service territory,
if the costs, including, but not limited to costs of facilities, rights-of-way, and equipment,
of providing basic telephone service to the requesting party does not exceed eight thousand
dollars ($8,000). (2) If the cost exceeds eight thousand dollars ($8,000), as provided in
subdivision (1), an incumbent local exchange carrier may not deny service on the basis of
cost so long as sufficient funds to provide that service are available from the Alabama portion
of the applicable federal universal service fund program. (3) An...
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45-16A-20
Section 45-16A-20 Definitions. As used in this article, the following terms shall have
the following meanings: (1) ALARM MONITORING SERVICE. A service that uses a device located
at a residence, place of business, or other fixed premises for both of the following purposes:
a. To receive signals from other devices located at or about the premises regarding a possible
threat at the premises to life, safety, or property, from burglary, fire, vandalism, bodily
injury, or other emergency. b. To transmit a signal regarding any threat by means of transmission
facilities of a municipality, municipal instrumentality, local exchange carrier, or one of
its affiliates to a remote monitoring center to alert a person at the center of the need to
inform the customer or another person or police, fire, rescue, security, or public safety
personnel of the threat, but does not include a service that uses a medical monitoring device
attached to an individual for the automatic surveillance of an ongoing...
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45-39-250
Section 45-39-250 Definitions. As used in this part, the following terms shall have
the following meanings: (1) ALARM MONITORING SERVICE. A service that uses a device located
at a residence, place of business, or other fixed premises for both of the following purposes:
a. To receive signals from other devices located at or about the premises regarding a possible
threat at the premises to life, safety, or property, from burglary, fire, vandalism, bodily
injury, or other emergency. b. To transmit a signal regarding any threat by means of transmission
facilities of a municipality, municipal instrumentality, local exchange carrier, or one of
its affiliates to a remote monitoring center to alert a person at the center of the need to
inform the customer or another person or police, fire, rescue, security, or public safety
personnel of the threat, but does not include a service that uses a medical monitoring device
attached to an individual for the automatic surveillance of an ongoing medical...
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11-50B-2
Section 11-50B-2 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) ADVANCED TELECOMMUNICATIONS CAPABILITY. Without regard to any
transmission media or technology, high-speed, switched, broadband telecommunications capability
that enables users to originate and receive high-quality voice, data, graphics, and video
telecommunications using any technology. (2) ADVANCED TELECOMMUNICATIONS SERVICE. Without
regard to any transmission media or technology, the provision of high-speed, switched, broadband
telecommunications capability that enables users to originate and receive high-quality voice,
data, graphics, and video telecommunications using any technology. (3) ALARM MONITORING SERVICE.
A service that uses a device located at a residence, place of business, or other fixed premises
for both of the following purposes: a. To receive signals from other devices located at or
about such premises regarding a possible threat at the premises to life,...
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37-2A-5
Section 37-2A-5 Process for election. (a) An incumbent local exchange carrier, local
exchange carrier, or inter-exchange carrier shall be deemed to have elected to be regulated
under this chapter unless the carrier files written notice with the commission declining regulation
under this chapter not later than August 31, 2005; provided, however, that, any other provision
of this chapter to the contrary notwithstanding, so long as (i) application of any of the
requirements of 47 U.S.C. 251 (b) or (c) shall have been suspended or modified with respect
to an incumbent local exchange carrier pursuant to the provisions of 47 U.S.C. 251 (f) (2),
or (ii) an incumbent local exchange carrier shall be exempt from the obligations of 47 U.S.C.
251 (c) pursuant to the provisions of 47 U.S.C. 251 (f) (1) (A), such incumbent local exchange
carrier shall not be eligible to elect and shall not be deemed to have elected to be regulated
under this chapter unless the incumbent local exchange carrier files...
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40-21-80
Section 40-21-80 Definitions. (a) For the purpose of this article, the following terms
shall have the respective meanings ascribed by this section: (1) DEPARTMENT. The Department
of Revenue of the State of Alabama. (2) DOMESTIC WATER. All water except water that is sold
to persons for use or consumption in industrial processes and not primarily for human consumption.
(3) GROSS RECEIPTS. The value proceeding or accruing from the furnishing of utility services,
all receipts actual and accrued, without any deduction on account of the cost of the utility
services sold, the cost of the materials used, labor or service cost, interest paid, or any
other expenses whatever, and without any deductions on account of losses. (4) GROSS SALES.
The value proceeding or accruing from the furnishing of utility services, and including the
proceeds from the sale of any utility services handled on consignment by the taxpayer, without
any deduction on account of the cost of the utility services sold, the...
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40-21-100
Section 40-21-100 Definitions. (a) For the purpose of this article, the following terms
shall have the respective meanings ascribed by this section: (1) BUSINESS. All activities
relating to the furnishing of utility services. (2) DEPARTMENT. The Department of Revenue
of the State of Alabama. (3) DOMESTIC WATER. All water except water that is sold to persons
for use or consumption in industrial processes and not primarily for human consumption. (4)
GROSS RECEIPTS. The value proceeding or accruing from the furnishing of utility services,
all receipts actual and accrued, without any deduction on account of the cost of the utility
services sold, the cost of the materials used, labor or service cost, interest paid, or any
other expense whatever, and without any deductions on account of losses. (5) GROSS SALES.
The value proceeding or accruing from the furnishing of utility services, and including the
proceeds from the sale of any utility services handled on consignment by the taxpayer,...
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37-2A-11
Section 37-2A-11 Interpretation. (a) This chapter is intended to supersede the remainder
of this title as to any matter provided for in this chapter. (b) Nothing in this chapter shall
do any of the following: (1) Alter the jurisdiction, rights, powers, authority, or duties
of the commission except as specifically provided for in this chapter. (2) Be interpreted
to expand the commission's jurisdiction, right, power, authority, or duty as it is provided
for in any other chapter of this title. (3) Alter any provider's obligations under state E-911
laws. (4) Alter, amend, or modify taxes imposed by Title 40, or any other title of this code,
unless specifically provided for in this chapter. (5) Alter, amend, or modify, other than
as provided in subdivision (1) of subsection (b) of Section 37-2A-4, the commission's
authority with regard to wholesale transactions between incumbent local exchange carriers
and other telecommunications carriers for the transmission and routing of telephone...
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